Judicial Organization in Turkey

The judiciary in Turkey is divided into branches with each branch having its own upper court.

Administrative jurisdiction: Judicial review of the public administration’s actions and acts is conducted under this branch. The upper court of this branch is the Council of State (Danıştay).

Ordinary jurisdiction: It is the most comprehensive branch among others. It is divided into two sub-branches, i.e., civil jurisdiction and criminal jurisdiction. Private legal disputes that are not of a public character are subject to civil jurisdiction. Investigation and prosecution of actions that are prescribed as crimes are subject to criminal jurisdiction. There lies the Court of Cassation (Yargıtay) on top of the ordinary jurisdiction in Turkey. This upper court includes civil chambers and criminal chambers.

Constitutional jurisdiction: It is the branch that reviews the constitutionality of laws enacted by the parliament. The upper court of this branch is the Constitutional Court (Anayasa Mahkemesi). The president or a certain number of deputies may lodge a case before the Constitutional Court to strike down an allegedly unconstitutional law. Furthermore, if a court is of the opinion that a legal provision to be applied to a specific dispute is unconstitutional, that court may apply to the Constitutional Court for the judicial review of the relevant legal provision. In addition, those who allege that their fundamental rights and freedoms have been violated due to public interference may lodge an individual application before the Constitutional Court if ordinary domestic remedies fail.

Dispute jurisdiction: This branch has the final say in resolving jurisdictional disputes between other branches. The upper court of this branch is the Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi).

ECHR jurisdiction: Those who allege that one or more of their rights guaranteed by the European Convention on Human Rights and its additional protocols to which Turkey is a party are violated can apply to the European Court of Human Rights, provided that they exhaust ordinary legal remedies in Turkey as well as the remedy of individual application to the Constitutional Court.

The judiciary in Turkey consists of three stages.

An ordinary legal remedy means referring a court decision to the ensuing stage.

first instance courts: Also known as local courts, these are the courts that hear and decide on a case for the first time. As a rule, their decisions can be appealed before a regional court. First instance courts are as follows:

• Civil courts of first instance

• Criminal courts of first instance

• Commercial courts of first instance

• Assize courts

• Juvenile assize courts

• Juvenile courts

• Criminal enforcement courts

• Criminal courts of intellectual and industrial property rights

• Civil courts of intellectual and industrial property rights

• Civil enforcement courts

• Civil courts of peace

• Cadastral courts

• Labor courts

• Consumer courts

• Family courts

• Administrative courts

• Tax courts

  
  

regional courts: Also known as second instance courts, these are the courts that review the decisions of first instance courts. This type of appeal is called istinaf in Turkish. The decisions of regional courts—except those that are finalized due to the amount in dispute—can be appealed before the relevant upper court. Regional courts are as follows:

• Regional courts of appeal

• Regional administrative courts

  
  

upper courts: These are the courts that are not subject to the jurisdiction of any other court. They usually review decisions of regional courts. This type of appeal is called temyiz in Turkish. Aside from appeals, these courts hear some cases stipulated in relevant laws as first instance courts.